L-1 Visa (L-1A and L-1-B Intracompany Transferees Visa)

Purpose:

Allows multinational companies to transfer executives, managers, or specialized knowledge employees from a foreign office to a U.S. office, whether it be an existing U.S. office or even a new U.S. office. We provide assistance with both.

HOW:

1. A documented qualifying relationship

Such as parent, subsidiary or affiliate, between the U.S. and Foreign Entity that demonstrates one of the following:

• • The U.S. company is the Parent company to the foreign company OR the foreign company is a Parent company of the U.S. company.
  • The U.S. and foreign company are Affiliates, i.e. under common ownership:
    • The U.S. and foreign company are sister companies/affiliates through a common parent, or
    • The U.S. company and the foreign company have common individual owners with common ownership interests.
  • Showing the U.S. company is a branch of the foreign company.
  • Subsidiary – show foreign company owns, controls or significantly influences U.S. entity (margin is 50%).

2. Substantial evidence required

Both the U.S. and Foreign Entity must be real and operating. Examples include:

• • Business formation documents.
  • Share/membership certificates.
  • Organizational Charts.
  • Tax returns/financial statements.
  • Bank statements.
  • Payroll reports.
  • Contracts, MSA, Letter of Intent, Invoices.
  • Among other documentation.

3. L-1 Visa Categories

• • L-1A is for managers and executives:
    • You must have been working for the company abroad for at least one year within the last three years in a managerial or executive capacity.
    • You must be coming to the U.S. to work in a managerial or executive capacity (or even a specialized knowledge capacity).
  • L-1B is for employees with specialized knowledge:
    • You must have been working for the company abroad for at least one year within the last three years in a role requiring specialized knowledge.
    • You must be coming to the U.S. to work in a specialized knowledge, managerial or executive capacity.

4. Other Information

• • L-1A can be extended in increments of two years for a maximum of seven years.
  • L-1B can be extended in increments of two years for up to five years.
  • This is a dual intent visa:
    • Some L-1A’s may qualify for an EB-1C.
    • L-1B’s may need to go through the PERM Labor Certification process.
  • Family members can obtain L-2 visas, and spouses can work in the U.S.
  • Initial stay for L-1A and L-1B is one to three years depending on the reason for the visa. New offices only get 1 year.

Connect with us today to learn more about the L-1 visa and whether your company and its employees are eligible for transfer to the U.S.